Comprehension

Both lawmen and laymen often ask, ‘What is the law applicable to a given set of facts?’ The answers to this question differ depending upon the specific jurisdiction to which the given set of facts is linked. Contrary to this, scholars and students of jurisprudence are likely to ask the general question, viz ‘What is Law?’. This question on the philosophy and nature of law supposes that law is a distinctive social-political phenomenon with universal characteristics that can be perceived through philosophical analysis. In such a study, the assumption is that law possesses some universal characteristics.
An analysis of the philosophy of law can be done for different reasons. Apart from a purely intellectual interest in understanding this complex phenomenon known as law, scholars also study the same as a normative social practice that purports to guide human behaviour, giving rise to reasons for action. The primary challenge of the branch of scholarship known as jurisprudence is based on this ‘normative, reason-giving aspect of law’. At the same time, we must understand that law is not the only normative realm in any given society. It is one of the many normative standards such as morality, religion, customs and usages, etiquette, self-regulatory standards within a family or corporation etc. So, it is also essential that we study law on the differences and similarities of the same with these normative standards.
While discerning these connections and contradictions, legal theories often study the content of the norm apart from giving importance to the source. Generally, theoretical studies on the content such as natural lawyers emphasize values such as fairness, justice, liberty etc., as qualifications for the norms to be called laws. They have argued that laws must be in tune with certain principles of inner morality, such as that laws be general, public, prospective, coherent, clear, stable, and practicable are indispensable to law-making. Whereas theories that give prominence to the sources of the norm, such as enactment/command by political institution/authority, do not always emphasize on the content.
Such philosophical analysis of law comprises both explanatory and justificatory aspects. While the explanatory aspect consists of explaining how laws can give rise to reasons and what kinds of reasons are involved. One example of this would be Dworkin’s classification of law as concepts, principles and rules. The aspect of justification concerns whether people ought to comply with the law’s demands. In other words, it is the attempt to explain the moral legitimacy of law and the subjects’ reasons for complying with it.

Question: 1

Validity of law resides in the political sovereignty of the maker of that law refers to:

Updated On: Jul 17, 2024
  • Legal Positivism
  • Natural Law
  • Historical School
  • Sociological School
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The Correct Option is A

Solution and Explanation

The Correct Answe is option (A): Legal Positivism
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Question: 2

A norm cannot become legally valid unless its content is fair and just in accordance to:

Updated On: Jul 17, 2024
  • Legal Positivism
  • Natural Law
  • Historical School
  • Sociological School
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The Correct Option is B

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The Correct Answe is option (B): Natural Law
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Question: 3

“The falsehood of legal positivism resides in envisaging that the law consists of only rules. However, this is a serious mistake since legal principles partly determine the law in addition to rules. The distinction between rules and principles is a logical one. Rules apply in an ‘all or nothing fashion.’ If the rule applies to the circumstances, it determines a particular legal outcome. If it does not apply, it is simply irrelevant to the outcome…..” according to:

Updated On: Aug 22, 2024
  • ronald dworkin, taking rights Seriously,1977
  • John Finnis, Natural Law and Natural rights, 1980.
  • H.L.A.Hart, the Concept of Law, 1961.
  • raz, Joseph, Legal Principles and the Limits of Law, 1972.
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The Correct Option is A

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The Correct Answe is option (A): ronald dworkin, taking rights Seriously,1977
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Question: 4

Principles requiring that laws be general, public, prospective, coherent, clear, stable, and practicable are indispensable to law-making correspond to:

Updated On: Jul 11, 2024
  • inner morality
  • method of logic
  • Legitimacy and transparency in law making
  • democratic law making
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The Correct Option is A

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The Correct Answe is option (A): inner morality
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Question: 5

‘i mean simply that history, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future’ opined by:

Updated On: Jul 17, 2024
  • roscoe Pound
  • Benjamin Cardozo
  • Duguit
  • Auguste Comte
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The Correct Option is B

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The Correct Answe is option (B): benjamin Cardozo
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Question: 6

the life of the law has not been logic: it has been experience’ is stated by:

Updated On: Jul 17, 2024
  • Holmes
  • Dworkin
  • Cardozo
  • Amartya Sen
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The Correct Option is A

Solution and Explanation

The Correct Answe is option (A): Holmes
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